Mick Wallace (Wexford, Independent)
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103. To ask the Minister for Jobs, Enterprise and Innovation the selection process regarding trade experts who will serve as members of the various CETA committees; if these experts will come from industry, academia or otherwise; if she has a role in the selection of members of committees; the number of these experts that will sit on each committee; the length of time they will spend on the committee; and if she will make a statement on the matter. [43404/17]

Mick Wallace (Wexford, Independent)
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104. To ask the Minister for Jobs, Enterprise and Innovation if her Department has carried out an analysis of the potential costs of CETA's investment court system, ICS, on the State; if the costs arising from defending future cases in the ICS will be paid from the Exchequer; and if she will make a statement on the matter. [43405/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 103 and 104 together.

The EU-Canada Comprehensive and Economic Trade Agreement (CETA) entered into force provisionally on the 21st September 2017. This means that Irish companies may now take advantage of the all-important provisions of CETA including the elimination of tariffs on almost all key exports, access to the Canadian procurement market, the easing of regulatory barriers and more transparent rules for market access.

Under the Agreement, the CETA Joint Committee and the specialised committees established under its auspices are bilateral bodies representative of the European Union and Canada. The European Commission will represent the EU, at the appropriate level, in these committees in accordance with the Treaty of the Functioning of the European Union. In line with this principle, the selection of experts will be a matter for the European Commission to appoint on behalf of the EU, and Canada in respect of themselves. It would be a matter for individuals with the requisite expertise appropriate in the particular matter (economic, trade, employment law, environment), to express their interest in serving as panellists direct to the Commission. Member States have the right to be present and participate at the specialised committees in cases involving the adoption of decisions falling within the competence of Member States. The powers of the CETA committees are strictly limited to the matters provided for in the Agreement. Any changes to the text of the Agreement or EU regulations can only be made in compliance with the ordinary legislative procedure of the European Union.

The Agreement also provides for the establishment of civil society advisory groups that may submit opinions or make recommendations in relation to labour, the environment and trade sustainable development related concerns. These advisory groups shall promote a balanced representation of relevant interests, including independent representative employers, unions, labour and business organisations, environmental groups, as well as other relevant civil society organisations as appropriate.

It is important to note, that the provisions relating to investment protection and the Investment Court System (ICS) are excluded from provisional application. Member States will not be bound by these provisions until they are ratified by all Member States in accordance with their national procedures. In this regard, I have no immediate plans to ratify the Agreement given the Opinion of the Court of Justice of the European Union in the EU-Singapore case and the recent request by Belgium for an opinion from that Court on the compatibility of the Investment Court System with the European Treaties.

The potential costs for Ireland supporting the administration and operation of the Investment Court System in the Agreement would be very low. It is impossible to anticipate the nature of any alleged discriminatory actions that would provide the basis for a successful case against the State given Ireland’s adherence to the rule of law and the property protections of our Constitution. In light of these considerations, an analysis of the potential costs of the Investment Court System would not be feasible or meaningful.